WINNIPEG — A lawyer involved in the case says there could be implications for other federally-regulated industries after a Canadian Human Rights Tribunal ruled in favour of two Air Canada pilots fighting mandatory retirement.

Pilots George Vilven and Robert Neil Kelly complained they were being forced to retire at 60, a measure they felt was discriminatory.

“It’s a pretty significant decision,” said Raymond Hall, a lawyer, who is also a retired Air Canada pilot in Winnipeg.

Vilven and Kelly were both forced to retire from their jobs with the airline when they turned 60 and decided to take their fight to the Canadian Human Rights Commission, which reviews discrimination complaints for employees who fall under federal jurisdiction. Both were referred to the tribunal.

The tribunal initially rejected their complaints and the case ended up in the Federal Court of Canada.

Hall said the court determined that mandatory retirement was a breach of the Charter of Rights and Freedoms. It sent the case back to the tribunal to see if the breach could be reasonably justified. The tribunal found otherwise, and decided Air Canada could not justify the policy.

A spokesperson for Air Canada said the company was studying the decision and could not comment until a review had been completed.

Evolution

Like virtually all other virtual things, The Lynch Mob is a not a static object. In fact, one of the earliest things to change was the name itself. This site started out as The Lynch Files - a couple of days later it was called The Lynch Mob. Same blog, different name. During a sabbatical taken by founder Walker Morrow, others stepped up to keep the blog running and continue to hold the feet of CHRC commissioner Jennifer Lynch - and all her provincial counterparts - to the fire.